Disney tries to dismiss allergy death lawsuit over widower's Disney+ free trial

Disney World is seeking to dismiss a lawsuit from a man whose wife died from a severe allergic reaction after eating at a restaurant at the theme park in 2023.

Disney is rejecting the $50,000 (£40,000) lawsuit on the basis that the claimant, Jeffrey Piccolo, signed the terms of use of a one-month trial of the streaming service Disney+ in which users agree to settle any disputes with the company out of court via arbitration.

Company lawyers also claim that Mr Piccolo accepted these terms again when he used the Walt Disney Parks’ website to buy the theme park tickets in 2023.

Though the waiter at the theme park restaurant allegedly assured Mr Piccolo and his wife, Dr Kanokporn Tangsuan, that her food was free of dairy and nuts, she later began “suffering from a severe acute allergic reaction”, according to the lawsuit.

Despite self-administering an Epi-Pen, Dr Tangsuan died that day from “anaphylaxis due to elevated levels of dairy and nut in her system,” a medical examiner said.

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Mr Piccolo is seeking damages pursuant to Florida’s Wrongful Death Act, as well as damages for mental pain and suffering, loss of companionship and protection, loss of income and medical and funeral expenses.

Responding to Disney’s claims, Mr Piccolo’s lawyer Brian Denney called Disney’s argument “preposterous”.

He said that the notion that signing up for a Disney+ free trial would prevent a customer’s right to a jury trial “with any Disney affiliate or subsidiary, is so outrageously unreasonable and unfair as to shock the judicial conscience”.

Disney's wish to settle the dispute via arbitration means the dispute would be overseen by a neutral third party who is not a judge. This process is also usually quicker and cheaper than a court case.

ITV News has contacted representatives at Disney World for comment.

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